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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7834761
Regular
Mar 25, 2014

ARCELIA TORRES vs. RALPHS, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied a petition for removal. The applicant sought removal due to a change in hearing location from Santa Barbara to Oxnard, citing inconvenience. The WCAB found this to be a mere inconvenience, not significant prejudice or irreparable harm. The Board affirmed its authority to calendar hearings at different district offices when judicial or space resources are limited, as per statutory provisions and its inherent judicial powers. The current arrangement, including the use of CourtCall, is a temporary measure while a more suitable Santa Barbara location is sought.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationAdministrative Law JudgeWCJ ReportLabor Code § 138.2(b)Budgetary ConstraintsVenueCourtCallMandatory Settlement Conference
References
12
Case No. MISSING
Regular Panel Decision

Henry v. Central Hudson Gas & Electric Corp.

The court granted the defendants' motion to change venue from Bronx County. Defendants successfully demonstrated that retaining the action in Bronx County would inconvenience nonparty material witnesses. Affidavits were submitted from a witness at the accident scene, a police officer, an EMS worker, and the retired Medical Examiner of Ulster County, all attesting to the inconvenience of traveling to Bronx County. The police officer and EMS worker further highlighted the disruption to their public service duties. The court found their testimony material, with the officer's testimony bearing on liability and the paramedic's on injuries, and appropriately considered their convenience.

Change of VenueForum Non ConveniensMaterial WitnessesWitness InconvenienceAffidavitsPolice TestimonyEMS TestimonyMedical Examiner ReportLiabilityInjuries
References
2
Case No. OAK 0299150, 0305783, 0305786; SAC 0277067, 0283227, 0283229, 0337853; WCK 0052604, 0054259
Regular
Feb 07, 2006

STEVEN PLESHA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS SERVICES

The defendant seeks removal of an order changing venue from Oakland to Sacramento. The judge recommends denying removal, finding venue in Sacramento appropriate due to the applicant and his attorney residing there. The judge notes that Oakland is inconvenient for all parties and suggests Fresno venue could be reconsidered if psychiatric claims require litigation.

Workers' Compensation Appeals BoardRemovalPetition for RemovalChange of VenueOakland District OfficeSacramento District OfficeCumulative InjurySpecific InjuryPsycheRight Shoulder
References
0
Case No. GOL 091045
Regular
Aug 06, 2007

NORMAN STRICKLAND vs. UNIVERSITY OF CALIFORNIA, SANTA BARBARA, OCTAGON RISK SERVICES

This case involved the defendant's petition for reconsideration and removal regarding a change of venue in a workers' compensation claim. The Board dismissed the reconsideration because the challenged order was interlocutory and not a final determination of substantive rights. The Board denied removal, affirming the change of venue to Van Nuys despite the defendant's claims of inconvenience, finding no significant prejudice.

Petition for ReconsiderationPetition for RemovalChange of VenueWCAB Rule 10346Final OrderInterlocutory OrderSignificant PrejudiceQualified Medical EvaluatorWorkers' Compensation Appeals BoardDistrict Office
References
9
Case No. LBO 0328398
Regular
Aug 28, 2007

WILLIAM PITTS vs. A. TEICHERT \& SON, INC.

The Workers' Compensation Appeals Board dismissed the employer's petition for removal as untimely, as it was filed more than 20 days after the notice of hearing. Furthermore, the Board would have denied the petition on its merits because the employer failed to object to venue within the statutory 30-day period after receiving notice of the case. The employer also did not demonstrate good cause for a change of venue or inconvenience of witnesses.

Petition for RemovalAsbestos CalendarVenueLabor Code Section 5500.5Class Action CertificationApplicant ResidenceInjurious ExposureVenue ObjectionWCAB Rule 10843(b)Untimely Petition
References
6
Case No. ADJ11163911
Regular
Jul 25, 2018

MIGUEL SANTOS ISLA vs. SKYLARK INDUSTRIES, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the WCJ's decision to deny a change of venue from Marina del Rey to Pomona. The defendant argued venue should shift due to witness inconvenience and travel time. The Board found the WCJ properly exercised discretion and that removal is an extraordinary remedy not warranted here. The applicant initially selected Marina del Rey venue based on their attorney's location.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardWCJLabor Code Section 5501.5Labor Code Section 5501.6Good CauseWitness ConvenienceSubstantial PrejudiceIrreparable Harm
References
2
Case No. ADJ10750412
Regular
Jan 05, 2018

CAMERON DRISCOLL vs. VICTOR TREATMENT CENTERS, ATHENS ADMINISTRATORS

This case involves a defendant's petition for removal of an order changing venue to Redding. The Workers' Compensation Appeals Board denied the petition, finding that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board adopted the Judge's report, which concluded that the venue change to Redding was proper, considering the applicant's residence and the significant hardship to the applicant if forced to litigate in Sacramento. The inconvenience to the defendant was deemed outweighed by the applicant's circumstances.

Petition for RemovalOrder Changing VenueWorkers' Compensation Appeals BoardAdministrative Law Judgesubstantial prejudiceirreparable harmreconsiderationVictor Treatment CentersAthens AdministratorsCameron Driscoll
References
3
Case No. ADJ7912638
Regular
Apr 17, 2013

MARIA CASTREJON vs. BOLTHOUSE FARMS INC., BROADSPIRE

This case involves a petition for removal by the defendant, Bolthouse Farms, seeking to change the venue from Marina del Rey to Bakersfield. The defendant argued inconvenience for the applicant and witnesses residing in Kern County. Although the initial judge denied the venue change due to insufficient witness detail, the Appeals Board granted the petition for removal. The Board ultimately changed the venue to Bakersfield, considering the applicant's lack of opposition and the overall balance of equities.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardLabor Code Section 5501.5(a)(3)Kern CountyBolthouse FarmsMarina del ReyBakersfieldIndustrial InjuryReduction in Workforce
References
0
Case No. ADJ8871661
Regular
Oct 12, 2015

CANDIDA LUZ R. DE CASTELLANOS vs. CAROL MOSS SPIVAK, STATE FARM INSURANCE COMPANY

This case involves a defendant's petition for removal and change of venue from San Francisco to Los Angeles, which the WCAB denied. The defendant argued that proceeding in San Francisco would cause substantial prejudice and irreparable harm due to witness travel inconvenience and the employer's need for constant caregiver presence. However, the WCAB found no such prejudice, adopting the judge's report which allowed defendant's witnesses to testify via deposition. The Board also noted the petition regarding an earlier venue order was untimely.

WCABPetition for RemovalVenueSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeWCJState Farm Insurance CompanySan Francisco
References
2
Case No. ADJ7872929
Regular
Aug 26, 2013

SAMUEL FRANCO vs. JCT COMPANY, INC.; FIRSTCOMP OMAHA, ENDURANCE SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the appealed order was not a final order. However, the WCAB granted the applicant's alternative Petition for Removal, recognizing significant prejudice to the applicant due to the inconvenience and cost of appearing at the Long Beach District Office. Consequently, the WCAB ordered the case transferred to the Van Nuys District Office for venue. The WCAB also cautioned the applicant's attorney regarding the inappropriate filing of a reconsideration petition on a non-final order.

Petition for ReconsiderationRemovalPetition to Change of VenueWCJCumulative Industrial InjuryDelivery DriverLower ExtremitiesBackHipHernia
References
13
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